Did you know you can be OSHA compliant and STILL get cited? Employers can be cited for a violation, even if they are OSHA compliant, if a recognized serious hazard exists in their workplace and the employer does not take reasonable steps to prevent or abate the hazard. This is possible through the General Duty Clause. The General Duty Clause is used only where there is no law that applies to the particular hazard.
ORIGINS
The General Duty Clause comes from the OSHA Act of 1970 that requires, in addition to compliance with hazard-specific standards, all employers provide a work environment “free from recognized hazards that are causing or are likely to cause death or serious physical harm.”
Workplace violence is a recognized hazard within the healthcare industry and as such, employers have the responsibility via the Act to abate the hazard.
FOUR CONDITIONS
In order to be cited, four conditions must be met.
1 – The employer failed to keep the workplace free of a hazard to which its employees were exposed.
2 – The cited hazard was recognized.
3 – The hazard was causing or likely to cause death or serious physical harm
4 – A feasible and practical method to correct the risk was available
PRO TIP
OSHA may use standards distributed by other recognized institutions, such as ANSI and ISEA, in their citations. Therefore it is recommended to be proactive and strive to meet your industry standards and best practices. These other instutitions, while technically voluntary, not only provide more guidelines for a safer work place but can protect you from being cited by OSHA. Learn more about the benefits of being ANSI compliant here.
Learn more about the difference between ANSI and OSHA here.
